Adult Survivors Act deadline has passed, but an NYC law provides new window to file certain suits

While the window to file sexual assault lawsuits under the Adult Survivors Act closed on Thursday, there may be another option for some accusers looking to sue after the usual deadline for bringing a claim has expired.

The state Adult Survivors Act created a one-year window in which people could bring civil sexual assault lawsuits, even decades after the alleged conduct occurred and after the applicable deadline for filing a claim had expired.

The City Council approved a separate measure in 2021 that does something similar, creating a two-year window for alleged victims of gender-based violence to sue, even if the filing deadline, or statute of limitations, had passed. That deadline isn’t until March 2025.

Not all sexual assault survivors would be eligible under the city law. They would have to prove that someone used violence against them because of their gender.

But unlike the Adult Survivors Act, which focused specifically on allegations of sexual offenses, the city’s Gender-Motivated Violence Act (also known as the Victims of Gender-Motivated Violence Protection Law) also allows people who have been injured in other ways due to gender bias to file lawsuits.

Here’s what you need to know:

What is New York City’s Gender-Motivated Violence Act?

Councilmembers first passed a version of the law in 2000 to provide a way for people to sue perpetrators of violence who acted, at least in part, based on someone’s gender.

The measure applies to victims of both misdemeanor and felony violent crimes, even if the person who they say used violence was never charged or convicted in court.

Accusers can sue either the person they say harmed them or any party who “commits, directs, enables, participates in or conspires in the commission of a crime of violence motivated by gender,” according to the bill language.

To win their case, they have to prove someone acted violently toward them and was motivated by their gender by a “preponderance of the evidence.” That’s a legal standard typically used in civil cases that means the chances of something being true are more likely than not.

The City Council amended the law in 2021 to extend the statute of limitations in some instances and to provide an extra two years for people to file lawsuits even if the deadline in their case has already passed. The lookback window opened this past March.

Councilmember Carlina Rivera, who sponsored the legislation that created the lookback window, said in an interview that “there is no timeline on processing trauma.”

“Survivors deserve a fair pathway to justice,” she said. “And we have to consider the deeply complex process of processing gender-motivated and sexual assault trauma.”

How is this different from the Adult Survivors Act?

In a few key ways.

One of the biggest differences is that the Adult Survivors Act applies to sexual offenses outlined in one particular chapter of state law, which includes rape, forcible touching and sexual abuse, according to the bill language. It also applies to allegations of incest.

The city’s law, on the other hand, permits lawsuits related to violent acts that are specifically motivated by gender. They do not have to be sexual, though. For instance, someone could sue a person who punched them in the face after shouting sexist epithets.

The other main difference is time. The state’s Adult Survivors Act provided one year for people to file lawsuits after the normal statute of limitations had passed, from November 2022 to November 2023. The city’s Gender Motivated Violence Act gives an extra two years, from March 2023-March 2025.

What is usually the statute of limitations for these kinds of cases when the lookback windows for these two laws are not in effect?

There’s more than one answer to this question, because the statute of limitations varies based on the alleged behavior.

There are also different timelines for civil lawsuits and criminal prosecutions.

On the civil side, the state’s time limit to file lawsuits alleging some sex offenses, including rape and first-degree aggravated sexual abuse, is now 20 years.

Lawmakers extended the deadline from five years in 2019. But the longer statute of limitations only applies to cases that occurred after the law took effect.

Those who were children when they were sexually assaulted now have until their 55th birthday to file a lawsuit.

For other allegations of sexual misconduct, the time limit to sue varies. The statute of limitations for sexual harassment is now three years, after being extended in 2020 from just one year, according to the state’s Division of Human Rights.

The city’s statute of limitations for lawsuits alleging gender-motivated violence is seven years in most cases, with an extra couple years if someone couldn’t sue in time because of an injury or disability resulting from the violence, or because they were minors at the time.

For criminal cases, there is no time limit in New York to prosecute a cases of first-degree rape, first-degree aggravated sexual abuse, first-degree incest or first-degree sexual conduct against a child, according to the state law. Most lower-level sex crimes can be prosecuted within 10 to 20 years, depending on the seriousness of the offense. If the crime was committed against a child, the time clock doesn’t start until the child turns 23, unless the offense has been reported to law enforcement or the state.

What was the reasoning behind these two laws that provided extra time to file lawsuits?

Advocates and researchers point to a handful of reasons why it can take time — sometimes even decades — for people to feel comfortable coming forward with an allegation of sexual abuse or gender-based violence.

Studies have found that people may be hesitant to report what happened because of their relationship with the person who harmed them, or because they feel ashamed or fearful. Some are afraid that they will not be believed. Researchers have also found that trauma can affect people’s memories.

The #MeToo movement exposed the prevalence of sexual misconduct and spurred lawmakers in New York and elsewhere to provide stronger protections for survivors.

Reports of widespread sexual abuse of children in the Catholic Church, Boy Scouts of America and USA Gymnastics also revealed the unique challenges young people face as they process what has happened to them and weigh whether to come forward.

That has led lawmakers in several states, including New York, to extend their statutes of limitations. Some advocates have also pushed for an end to statutes of limitations altogether, arguing that they impose an arbitrary deadline for a process that is deeply personal and varies from person to person.

Rivera said the City Council’s goal was to provide a path for as many people as possible who had decided to seek justice after years of waiting.

“It's just knowing what that person is going through to finally get to the point where they're ready to say something,” she said. “So, we wanted to ensure that we were being inclusive.”